Her daughter Emily began to feel sick, experiencing uncontrolled vomiting, diarrhea, extreme pain, anxiety and agitation after taking the dosage.

Botero called poison control, who told her to go to the emergency room where Emily was treated and discharged.

One pharmacist said Emily likely would have experienced those symptoms anyway.

"As you increase dose, you increase the chance or propensity to have side effects, which may be all this is: it may just be normal side effects," said Richard Lawrence with Fort Myers Prescription Shop.

He went through the side effects of the medicine and said it's tough to tell the difference in symptoms from the five mil dose versus the 10.

According to the lawsuit, "3-year-old Emily suffered bodily injuries, physical impairment, handicap, severe physical, mental and emotional pain and suffering, disability and disfigurement, embarrassment and humiliation, and her ability to enjoy life has been seriously diminished."

The lawsuit mentions Emily was taken to the hospital and discharged, but Botero claims her daughter's injuries are permanent and she'll suffer from them for the rest of her life.

Botero is claiming negligence against both the pharmacist who filled the prescription and CVS, as well as vicarious liability against the company.

The family is seeking damages in excess of $15,000.

One report estimates that 30 million prescription errors happen every year in the US, and 1.5 million people are injured to these mistakes - and it's just overdosing.

In some cases, a totally different medicine is given, which can also cause dangerous side effects.